Petoskey man found guilty of criminal sexual conduct against girl, 7

PETOSKEY -- A Petoskey man who appeared in Emmet County's 57th Circuit Court last year for a jury trial on criminal sexual conduct charges, which resulted in a mistrial, was back in court for a new trial and found guilty of both counts against him Tuesday.

The jury found Marvin Dale VanLiew, 40, guilty of two counts of second-degree criminal sexual conduct against a then 7-year-old girl, court records show.

The abuse, which, police say involved sexual touching, occurred on or about June 23, 2011, in Bear Creek Township, according to court records. During the initial trial in December, defense attorney Hillary Briolat made a motion for mistrial after the alleged victim's mother testified that VanLiew had told her he had been accused of committing similar crimes in the past, information the jury was not meant to have at that time and that violated the rules of evidence, Emmet County Prosecutor Jim Linderman told the Petoskey News-Review in December.

VanLiew was represented by Robert Engel in the new trial, which began Monday, but Engel could not immediately be reached for comment.

Second-degree criminal sexual conduct is a felony offense with a maximum penalty of 15 years in prison. As of Wednesday, VanLiew's sentencing date had not yet been determined.